myStory Terms and Conditions
Welcome to myStory Pty Limited ("myStory", "we", "us" and "our")
These Terms and Conditions may be updated from time to time.
1. ACCESSING OUR SITE
You may access most areas of our Site without registering your details with us. Certain areas of the Site may only open to you if you agree to these Terms and register as a Member. From time to time, we may restrict access to some parts of our Site, or our entire Site, to Members.
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our site without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our site is unavailable at any time or for any period. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
2. INTELLECTUAL PROPERTY RIGHTS
All Site design, text, graphics and layout of same contained on our Site are our copyrighted property. All such rights are reserved. No part of our Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
5. DIGITAL PROJECT STORAGE
myStory offers Members storage of online digital projects ("Projects") created in myStory Designer or other such digital editing software for the purposes of ordering. We will retain online copies of your digital Projects for a minimum of 3 months from the time you upload the Projects.
You should always preserve your original Projects, or make back-up copies of such Projects, on your personal system.
6. DIGITAL PROJECT PRIVACY
All Projects uploaded to the myStory Site remain your property. We will not use or share your Projects without your written consent other than where we deemed it necessary for us to provide the Services.
7. APPROPRIATE CONTENT
Members are solely responsible for obtaining the consent from any person pictured in the Projects and for ensuring they have the right to reproduce any works or images contained within the Project.
We reserve the right to remove or edit any Project that is deemed to contain confidential, offensive ,slanderous, pornographic, obscene, defamatory or otherwise inappropriate material ("Inappropriate Content") without notice.
myStory has the sole discretion to determine whether a Project contains Inappropriate Content, and any Project submitted to myStory may be subject to examination from time to time. We do not commit to examine all projects uploaded to the myStory Site.
myStory may, in its sole discretion, terminate your or your use of the Service, and remove and discard any Projects at any time, without notice, for any reason, including: (i) any act that that violates these Terms, (ii) acts myStory believes is harmful to other myStory users or the business of myStory. myStory will not be liable to you or any third-party for any termination of your access to the Service.
9. MYSTORY DESIGNER SOFTWARE
As a convenience to Members, myStory makes myStory Designer software available for download from the website. To use such software, you must agree to the end user licensing agreement associated with that software.
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other Site. We reserve the right to withdraw linking permission without notice. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. JURISDICTION AND APPLICABLE LAW
The Site is controlled by myStory from its location in New South Wales, Australia. Although the Site may be accessed from numerous other countries, you, by accessing this Site, hereby agree that the laws of the state of NSW, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this site and any of the information contained therein.
12. WRITTEN COMMUNICATIONS AND NOTICES
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Services you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. DISCLAIMER OF WARRANTY, LIMITS OF LIABILITY AND INDEMNITY
myStory is not liable to you for any loss you suffer in connection with your access or use of the Site or Services
To the extent permitted by applicable law, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs.
Where legislation implies in these Terms and Conditions any condition or warranty and that legislation prohibits a contract excluding liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions. However, our entire liability and your exclusive remedy for breach of such condition or warranty shall be limited, at our option, to either repairing or replacing the product that does not meet the warranty or condition (if it is returned to us) or the price paid by you to us for that product or service.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITED WARRANTY AND LIMITED REMEDY MAY NOT APPLY TO YOU.
If you breach these Terms & Conditions you agree to fully indemnify us for any loss we suffer.